1-1 By: Thompson (Senate Sponsor - Armbrister) H.B. No. 2272
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1997, reported favorably by the following
1-5 vote: Yeas 5, Nays 1; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain court costs a person convicted of certain
1-9 offenses is required to pay.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 102.013, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 102.013. COURT COSTS; CRIME STOPPERS ASSISTANCE
1-14 ACCOUNT. (a) [A defendant convicted of an offense other than a
1-15 misdemeanor punishable by fine only shall pay as a cost of court
1-16 $2.]
1-17 [(b) In this article, a person is considered to have been
1-18 convicted in a case if:]
1-19 [(1) a sentence is imposed;]
1-20 [(2) the defendant receives probation or deferred
1-21 adjudication; or]
1-22 [(3) the court defers final disposition of the case.]
1-23 [(c) An officer collecting costs under Subsection (a) of
1-24 this article shall keep a separate record of the funds collected as
1-25 costs under this article and shall deposit the funds in the county
1-26 treasury.]
1-27 [(d) An officer collecting costs under Subsection (a) of
1-28 this article shall file the report required under Article 103.005
1-29 of this code. If no funds due as costs under Subsection (a) of
1-30 this article are collected in a quarter, the report required for
1-31 the quarter shall be filed in the regular manner and must state
1-32 that no funds due under Subsection (a) of this article were
1-33 collected.]
1-34 [(e) The custodian of the county treasury shall keep a
1-35 record of the amount of funds collected under Subsection (a) of
1-36 this article and, on or before the last day of the month following
1-37 each calendar quarter, remit to the comptroller funds collected
1-38 under Subsection (a) of this article in the preceding quarter. The
1-39 custodian of the county treasury may retain 10 percent of the funds
1-40 collected under Subsection (a) of this article and the interest as
1-41 a service fee if the custodian of the treasury keeps records of the
1-42 amount of funds on deposit collected under Subsection (a) of this
1-43 article and remits the funds to the comptroller within the period
1-44 prescribed under this subsection.]
1-45 [(f) The comptroller shall deposit the funds received by the
1-46 comptroller under Subsection (e) of this article in an account of
1-47 the General Revenue Fund to be known as the crime stoppers
1-48 assistance account.]
1-49 [(g)] The legislature shall appropriate funds from the crime
1-50 stoppers assistance account to the Criminal Justice Division of the
1-51 Governor's Office. The Criminal Justice Division may use 10
1-52 percent of the funds for the operation of the toll-free telephone
1-53 service under Section 414.012, Government Code, and shall
1-54 distribute the remainder of the funds only to local crime stoppers
1-55 programs. The Criminal Justice Division may adopt a budget and
1-56 rules to implement the distribution of these funds.
1-57 (b) [(h) All funds collected under Subsection (a) of this
1-58 article are subject to audit by the comptroller.] All funds
1-59 distributed by the Criminal Justice Division under Subsection (a)
1-60 [(g)] of this article are subject to audit by the state auditor.
1-61 All funds collected or distributed are subject to audit by the
1-62 Governor's Division of Planning Coordination.
1-63 (c) [(i)] In this article, "local crime stoppers program"
1-64 has the meaning assigned by Section 414.001, Government Code.
2-1 SECTION 2. Article 102.016, Code of Criminal Procedure, is
2-2 amended to read as follows:
2-3 Art. 102.016. COSTS FOR BREATH ALCOHOL TESTING PROGRAM.
2-4 (a) [A person convicted of an offense under Chapter 49, Penal
2-5 Code, other than an offense punishable as a Class C misdemeanor, or
2-6 of an offense under the Texas Commercial Driver's License Act
2-7 (Article 6687b-2, Revised Statutes), shall pay as court costs $30,
2-8 in addition to other court costs.]
2-9 [(b) The officer shall collect the costs in the same manner
2-10 as other costs are collected in the case.]
2-11 [(c) In this article, court costs are due from the convicted
2-12 person regardless of whether the person submitted a specimen of
2-13 breath or blood for analysis, and a person is considered to have
2-14 been convicted in a case if:]
2-15 [(1) sentence is imposed;]
2-16 [(2) the defendant receives probation or deferred
2-17 adjudication; or]
2-18 [(3) the court defers final disposition of the case.]
2-19 [(d) An officer collecting costs due under this article in
2-20 cases in municipal court shall keep separate records of the funds
2-21 collected under this article and shall deposit the funds in the
2-22 municipal treasury.]
2-23 [(e) An officer collecting costs due under this article in
2-24 cases in county or district court or in appeals in county court
2-25 shall keep separate records of the funds collected under this
2-26 article and shall deposit the funds in the county treasury.]
2-27 [(f)] The custodians of municipal and county treasuries may
2-28 deposit funds collected under this article in interest-bearing
2-29 accounts and retain for the municipality or county interest earned
2-30 on the funds. The custodians shall keep records of funds received
2-31 and disbursed under this article and shall provide a yearly report
2-32 of all funds received and disbursed under this article to the
2-33 comptroller, the Department of Public Safety, and to each agency in
2-34 the county served by the court that participates in or maintains a
2-35 certified breath alcohol testing program. The comptroller shall
2-36 approve the form of the report.
2-37 [(g) The custodian of a municipal or county treasury in a
2-38 county that uses the services of a certified technical supervisor
2-39 employed by the Department of Public Safety for the administration
2-40 of a certified alcohol testing program, on or before the last day
2-41 of the month of each calendar quarter, shall remit to the
2-42 comptroller any funds collected under this article during the
2-43 previous calendar quarter.]
2-44 (b) [(h)] The custodian of a municipal or county treasury in
2-45 a county that maintains a certified breath alcohol testing program
2-46 but does not use the services of a certified technical supervisor
2-47 employed by the department may, [shall remit $7.50 of each cost
2-48 collected under this article to the comptroller on or before the
2-49 last day of the month of each calendar quarter, and retain $22.50
2-50 of the cost] to defray the costs of maintaining and supporting a
2-51 certified alcohol breath testing program, retain $22.50 of each
2-52 court cost collected under Article 102.075 on conviction of an
2-53 offense under:
2-54 (1) Chapter 49, Penal Code, other than an offense that
2-55 is a Class C misdemeanor; or
2-56 (2) Chapter 522, Transportation Code.
2-57 (c) [(i) The comptroller shall deposit all funds received
2-58 under this article to the credit of the general revenue fund.] The
2-59 legislature may appropriate money deposited to the credit of the
2-60 breath alcohol testing account in the general revenue fund under
2-61 this subsection to the Department of Public Safety for use by the
2-62 department in the implementation, administration, and maintenance
2-63 of the statewide certified breath alcohol testing program.
2-64 (d) [(j)] The Department of Public Safety shall maintain a
2-65 list of counties that do not use the services of a certified
2-66 technical supervisor employed by the department.
2-67 SECTION 3. Subchapter C, Chapter 102, Code of Criminal
2-68 Procedure, is amended by adding Article 102.075 to read as follows:
2-69 Art. 102.075. COURT COSTS FOR SPECIAL SERVICES. (a) Except
3-1 as provided by Subsection (b), a person convicted of an offense
3-2 shall pay, in addition to all other costs:
3-3 (1) $80 as a court cost on conviction of:
3-4 (A) a felony; or
3-5 (B) an offense punishable by imprisonment or
3-6 confinement in jail for a term of more than one year;
3-7 (2) $40 as a court cost on conviction of:
3-8 (A) a Class A misdemeanor;
3-9 (B) a Class B misdemeanor;
3-10 (C) an offense punishable by confinement in jail
3-11 for a term of not more than one year; or
3-12 (D) a municipal ordinance punishable by a fine
3-13 of more than $500; or
3-14 (3) $17 as a court cost on conviction of any offense
3-15 punishable by fine only, other than an offense described by
3-16 Subdivision (2)(D) of this subsection.
3-17 (b) Subsection (a) does not apply to a person convicted
3-18 under Subtitle C, Title 7, Transportation Code, if the person is
3-19 convicted of a provision of that subtitle regulating pedestrians or
3-20 the parking of a motor vehicle.
3-21 (c) An officer collecting a cost due under this article in a
3-22 case in municipal court shall keep separate records of the money
3-23 collected and shall deposit the money in the municipal treasury.
3-24 (d) An officer collecting a cost due under this article in a
3-25 justice, county, or district court shall keep separate records of
3-26 the money collected and shall deposit the money in the county
3-27 treasury.
3-28 (e) An officer collecting a cost due under this article
3-29 shall file the report required by Article 103.005. If no money due
3-30 as a cost under this article is collected in any quarter, the
3-31 report required for that quarter shall be filed in the regular
3-32 manner, and the report shall state that no money due under this
3-33 article was collected.
3-34 (f) The custodian of money in a municipal or county treasury
3-35 may deposit money collected under this article in an
3-36 interest-bearing account. The custodian shall:
3-37 (1) keep records of the amount of money collected
3-38 under this article that is on deposit in the treasury; and
3-39 (2) not later than the last day of the month following
3-40 each calendar quarter, remit to the comptroller money collected
3-41 under this article during the preceding quarter, as required by the
3-42 comptroller.
3-43 (g) A municipality or county may retain 10 percent of the
3-44 money collected under this article as a service fee for the
3-45 collection. The municipality or county may retain any interest
3-46 accrued on the money if the custodian of money deposited in the
3-47 treasury keeps records of the amount of money collected under this
3-48 article that is on deposit in the treasury and remits the funds to
3-49 the comptroller within the period prescribed in Subsection (f).
3-50 (h) The comptroller shall deposit money received under this
3-51 article to the credit of the following accounts in the general
3-52 revenue fund according to the specified percentages:
3-53 NAME OF ACCOUNT PERCENTAGE
3-54 abused children's counseling 0.02%
3-55 crime stoppers assistance 0.6%
3-56 breath alcohol testing 1.28%
3-57 Bill Blackwood Law Enforcement
3-58 Management Institute 2.52%
3-59 law enforcement officers standards and education 11.63%
3-60 comprehensive rehabilitation 12.37%
3-61 operator's and chauffeur's license 25.9%
3-62 criminal justice planning 29.18%
3-63 (i) Of each dollar credited to the law enforcement officers
3-64 standards and education account under Subsection (h):
3-65 (1) $.333 may be used only to pay administrative
3-66 expenses; and
3-67 (2) the remainder may be used only to pay expenses
3-68 related to continuing education for persons licensed under Chapter
3-69 415, Government Code.
4-1 (j) Money collected under this article is subject to audit
4-2 by the comptroller. Money spent is subject to audit by the state
4-3 auditor.
4-4 (k) Except for a conviction in a municipal court or as
4-5 otherwise provided by this article, Chapter 103 applies to the
4-6 collection of a cost under this article.
4-7 (l) In this article:
4-8 (1) court costs are due from the person regardless of
4-9 whether the person submitted a specimen of breath or blood for
4-10 analysis; and
4-11 (2) a person is considered to have been convicted in a
4-12 case if:
4-13 (A) a sentence is imposed;
4-14 (B) the person receives community supervision or
4-15 deferred adjudication; or
4-16 (C) the court defers final disposition of the
4-17 case.
4-18 SECTION 4. The following are repealed:
4-19 (1) Article 37.072, Code of Criminal Procedure;
4-20 (2) Article 102.015, Code of Criminal Procedure;
4-21 (3) Articles 102.051, 102.052, 102.053, 102.054, and
4-22 102.055, Code of Criminal Procedure;
4-23 (4) Subchapter D, Chapter 102, Code of Criminal
4-24 Procedure;
4-25 (5) Section 601.192, Transportation Code; and
4-26 (6) Sections 415.082 and 415.083, Government Code.
4-27 SECTION 5. (a) This Act takes effect September 1, 1997.
4-28 (b) The change in law made by this Act applies only to a
4-29 court cost imposed on conviction of an offense committed on or
4-30 after the effective date of this Act. A court cost imposed on
4-31 conviction of an offense committed before the effective date of
4-32 this Act is governed by the law in effect when the offense was
4-33 committed, and the former law is continued in effect for that
4-34 purpose. For the purposes of this section, an offense was
4-35 committed before the effective date of this Act if any element of
4-36 the offense occurred before that date.
4-37 SECTION 6. The importance of this legislation and the
4-38 crowded condition of the calendars in both houses create an
4-39 emergency and an imperative public necessity that the
4-40 constitutional rule requiring bills to be read on three several
4-41 days in each house be suspended, and this rule is hereby suspended.
4-42 * * * * *